Attorney Dunn speaking before Town Meeting

by Frank Schroth (updated 11:05)

Last night’s Town Meeting session concentrated on one article, Article 2 of the Special Town Meeting Warrant which sought approval for the Planning Board to grant a special permit to ongoing landscaping businesses in Milton. This article was a citizens petition, signed by ~260 residents, brought forward by owners Thayer Nursery. After a lengthy discussion the article, which required a 2/3 majority, passed by a voice vote.

Alex Whiteside, Chair of the Planning Board and Town Meeting Member (TMM) from Precinct 9, reviewed the content of the article which provides a framework for what a special permit application should contain. It is extensive. A special permit will need to include, but not be limited to, plans covering existing conditions, deeds, drainage, wetlands, landscaping, operations, lighting, buildings, and number and types of vehicles. Site plan approval will require specifics on storage of fertilizer, hours of operation, vehicle use, delivery schedules etc. The article, written largely by Whiteside, was a substantial revision of an article in the annual town warrant written by Attorney Ned Corcoran who represented Thayer. The Planning Board did not feel that article had sufficient protections for the neighbors and the revisions were extensive enough to require a new article. Town Meeting voted the original article be referred back to the Planning Board. The debate and discussion focussed on the revised article.

Ned Corcoran spoke after Mr. Whiteside and explained that Milton had no bylaws that allow a landscaping business. He said of the 6 landscaping businesses in Milton, 5 “were in peril.” (Thayer, Thomas, Town Tree, Eagle Farms, and Driscoll). The Massachusetts land court had ruled that landscaping is not permitted by zoning. Corcoran argued that if someone complained about any of these operations the Zoning Board of Appeals would need to order a cease and desist. Neighbors did complain about Thayer and there is a cease and desist order on Thayer at the moment.

Matt Dunn, an attorney for neighbors Phil Joehenning and John Rowe, also presented. He noted a history of Thayer failing to comply with rulings. He argued that the article did not have proper oversight and that there was a conflict of interest as Whiteside was the member of a board tasked with making a recommendation on an article he authored. He also noted there was no enforcement aspect provided for.

The issue of enforcement was raised by several speakers who advocated that the article be referred back to the Planning Board for further study. These speakers included residents and direct abutters Mr. Joehenning and Mr. Rowe, and Pamela Lepore. Mr Joehenning said that in an effort to compromise the neighbors had come up with a list of 14 points that wanted addressed.  These included using electric vehicles, erecting a 20′ concrete wall to block noise and inspection of diesel fuel tanks. Ms. Lepore showed a video of truck traffic and noise experienced from her yard. Town Meeting members Sheryl Fleitman, Emmet Schmarsow, Cindy Christiansen and Ed Duffy spoke in support of the these neighbors. Duffy, also a member of the Planning Board, said at a recent meeting that Josh Oldfield said he wanted to live the American Dream. Duffy responded saying the neighbors “want to live the Milton dream.” Christiansen sited the legal fees ($78K) incurred by the town in passing a special permit to allow Coulter Landscaping to operate in town and voiced concern that additional legal fees result from approval. She made a motion to refer the article back to the Planning Board, This was defeated

A number of residents and Town Meeting Members spoke in support of approving the special permit.The residents largely spoke of their fondness for the Oldfields, their business, and noted that they felt Thayer contributed to the neighborhood, was fundamental in helping establish the Scotts Wood Historic district, and did not feel that the operations had a negative impact on the area. Town Meeting members who spoke in support of the article included Peter Mullin, Terry McNeil, and Bryan Furze, recently elected to the Planning Board. All essentially argued that the article was complete as written and provided the tool needed to a) retain businesses that have been an asset to the town and b) protect neighbors from any possible adverse effects of running those businesses. The Planning Board, the Warrant Committee, and the Board of Selectmen all endorsed passage of the article. The majority of Town Meeting agreed. The article passed.

Town Meeting also passed unanimously articles 1-5 of the Annual Town Warrant. These are standard housekeeping articles that authorize the Treasurer to borrow in anticipation of taxes, collect taxes, etc (You can find the complete 2014 Annual Town Meeting Warrant here.) In addition, Town Meeting approved article 1 of the special town meeting warrant (see previous link) which authorizes that bond proceeds of $302,850 be appropriated to the Capital Stabilization Fund.

Town Moderator Brian Walsh reviewed a new rule regarding procedure that was voted on. Speakers on an article are now limited to 10 minutes and cannot speak a second time until everyone who wishes to be heard on an article speaks. Also,  no one can speak more than twice on an article without the permission of the moderator. The change was recommended by the Town Government Study Committee and Town Meeting voted to accept it.